Keri McCarty v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Keri McCarty filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 9, 2020. She claimed the injury occurred in the United States and that she suffered residual effects for more than six months.
Respondent denied that Ms. McCarty sustained a SIRVA Table injury or that the vaccine caused her condition.
Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms.
McCarty a lump sum of $26,000.00. This amount represents compensation for all damages available under the Vaccine Act.
The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation was not an admission by the United States that the vaccine caused the injury, but rather a negotiated settlement of liability and damages.